Berglund v. 411 East 57th Corp.

OPINION OF THE COURT

Judgment entered January 26, 1984 reversed, without costs, and judgment directed in favor of plaintiff in the sum of $1,500.

The facts are fully set forth in the reported opinion below (122 Misc 2d 702). The issue presented (which we have previously considered) is whether the board of directors of the defendant cooperative corporation acted within its authority when it imposed a transfer fee (in the amount of 1% of the sale price) upon the transfer of the shares allocated to plaintiff’s apartment to a third party. We adhere to the view that where both the cooperative’s…